HomeMy WebLinkAbout2010 CON PBS&J - Financial Services, FY 10-11AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
PBS&J
THIS AGREEMENT is entered into this 4th day of May, 2010, by and between
the CITY OF NATIONAL CITY, a municipal corporation (the "CITY"), and Post, Buckley,
Schuh & Jernigan, Inc. D/B/A PBS&J, Inc. a Florida corporation (the "CONSULTANT").
RECITALS
WHEREAS, the CITY desires to employ a CONSULTANT to provide As -
Needed services for the City of National City for fiscal years 2010 & 2011,
WHEREAS, the CITY has determined that the CONSULTANT is a corporation
and is qualified by experience and ability to perform the services desired by the CITY, and the
CONSULTANT is willing to perform such services,
NOW, THEREFORE, THE PARTIES HERETO DO MUTUALLY AGREE AS
FOLLOWS:
1. ENGAGEMENT OF CONSULTANT. The CITY hereby agrees to
engage the CONSULTANT, and the CONSULTANT hereby agrees to perform the services
hereinafter set forth in accordance with all terms and conditions contained herein.
The CONSULTANT represents that all services required hereunder will be
performed directly by the CONSULTANT or under direct supervision of the CONSULTANT.
2. SCOPE OF SERVICES. The CONSULTANT will perform services as
set forth in the attached Exhibit "A".
The CONSULTANT shall be responsible for all research and reviews related to
the work and shall not rely on personnel of the CITY for such services, except as authorized in
advance by the CITY. The CONSULTANT shall appear at meetings as required to keep staff
and City Council advised of the progress on the Project.
The CITY may unilaterally, or upon request from the CONSULTANT, from time to time
reduce or increase the Scope of Services to be performed by the CONSULTANT under this
Agreement. Upon doing so, the CITY and the CONSULTANT agree to meet in good faith and
confer for the purpose of negotiating a corresponding reduction or increase in the compensation
associated with said change in services.
3. PROJECT COORDINATION AND SUPERVISION.
Joe Smith hereby is designated as the Project Coordinator for the CITY and will
monitor the progress and execution of this Agreement. The CONSULTANT shall assign a single
Project Director to provide supervision and have overall responsibility for the progress and
execution of this Agreement for the CONSULTANT. Karyn Keese thereby is designated as the
Project Director for the CONSULTANT.
4. COMPENSATION AND PAYMENT. The compensation for the
CONSULTANT shall be based on monthly billings covering actual work performed. Billings
shall include labor classifications, respective rates, hours worked and also materials, if any. The
total cost for all work described in Exhibit "A" shall not exceed the schedule given in Exhibit
"B" (the Base amount) without prior written authorization from the $43,769.36. Monthly
invoices will be processed for payment and remitted within thirty (30) days from receipt of
invoice, provided that work is accomplished consistent with Exhibit "A", as determined by the
CITY.
The CONSULTANT shall maintain all books, documents, papers, employee time
sheets, accounting records, and other evidence pertaining to costs incurred, and shall make such
materials available at its office at all reasonable times during the term of this Agreement and for
three (3) years from the date of final payment under this Agreement, for inspection by the CITY,
and for furnishing of copies to the CITY, if requested.
5. ACCEPTABILITY OF WORK. The City shall decide any and all
questions which may arise as to the quality or acceptability of the services performed and the
manner of performance, the acceptable completion of this Agreement, and the amount of
compensation due. In the event the CONSULTANT and the City cannot agree to the quality or
acceptability of the work, the manner of performance and/or the compensation payable to the
CONSULTANT in this Agreement, the City or the CONSULTANT shall give to the other
written notice. Within ten (10) business days, the CONSULTANT and the City shall each
prepare a report which supports their position and file the same with the other party. The City
shall, with reasonable diligence, determine the quality or acceptability of the work, the manner
of performance and/or the compensation payable to the CONSULTANT.
6. LENGTH OF AGREEMENT. The term of this agreement is for a
period of two years from the date of signature of agreement, with the CITY having an option to
extend, for an addition two years at the same rate of compensation stated in section 4.
7. DISPOSITION AND OWNERSHIP OF DOCUMENTS. The
Memoranda, Reports, Maps, Drawings, Plans, Specifications, and other documents prepared by
the CONSULTANT for this Project, whether paper or electronic, shall become the property of
the CITY for use with respect to this Project, and shall be turned over to the CITY upon
completion of the Project, or any phase thereof, as contemplated by this Agreement.
Contemporaneously with the transfer of documents, the CONSULTANT hereby
assigns to the CITY, and CONSULTANT thereby expressly waives and disclaims any copyright
in, and the right to reproduce, all written material, drawings, plans, specifications, or other work
prepared under this Agreement, except upon the CITY's prior authorization regarding
reproduction, which authorization shall not be unreasonably withheld. The CONSULTANT
shall, upon request of the CITY, execute any further document(s) necessary to further effectuate
this waiver and disclaimer.
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The CONSULTANT agrees that the CITY may use, reuse, alter, reproduce,
modify, assign, transfer, or in any other way, medium, or method utilize the CONSULTANT'S
written work product for the CITY's purposes, and the CONSULTANT expressly waives and
disclaims any residual rights granted to it by Civil Code Sections 980 through 989 relating to
intellectual property and artistic works.
Any modification or reuse by the CITY of documents, drawings, or specifications
prepared by the CONSULTANT shall relieve the CONSULTANT from liability under Section
14, but only with respect to the effect of the modification or reuse by the CITY, or for any
liability to the CITY should the documents be used by the CITY for some project other than
what was expressly agreed upon within the Scope of this project, unless otherwise mutually
agreed.
8. INDEPENDENT CONTRACTOR. Both parties hereto in the
performance of this Agreement will be acting in an independent capacity and not as agents,
employees, partners, or joint venturers with one another. Neither the CONSULTANT nor the
CONSULTANT'S employees are employees of the CITY, and are not entitled to any of the
rights, benefits, or privileges of the CITY's employees, including but not limited to retirement,
medical, unemployment, or workers' compensation insurance.
This Agreement contemplates the personal services of the CONSULTANT and
the CONSULTANT's employees, and it is recognized by the parties that a substantial
inducement to the CITY for entering into this Agreement was, and is, the professional reputation
and competence of the CONSULTANT and its employees. Neither this Agreement nor any
interest herein may be assigned by the CONSULTANT without the prior written consent of the
CITY. Nothing herein contained is intended to prevent the CONSULTANT from employing or
hiring as many employees, or SUBCONSULTANTS, as the CONSULTANT may deem
necessary for the proper and efficient performance of this Agreement. All agreements by
CONSULTANT with its SUBCONSULTANT(S) shall require the SUBCONSULTANT(S) to
adhere to the applicable terms of this Agreement.
9. CONTROL. Neither the CITY nor its officers, agents, or employees
shall have any control over the conduct of the CONSULTANT or any of the CONSULTANT'S
employees, except as herein set forth, and the CONSULTANT or the CONSULTANT'S agents,
servants, or employees are not in any manner agents, servants, or employees of the CITY, it
being understood that the CONSULTANT its agents, servants, and employees arc as to the CITY
wholly independent CONSULTANT, and that the CONSULTANT'S obligations to the CITY
are solely such as are prescribed by this Agreement.
10. COMPLIANCE WITH APPLICABLE LAW. The CONSULTANT, in
the performance of the services to be provided herein, shall comply with all applicable State and
federal statutes and regulations, and all applicable ordinances, rules, and regulations of the City
of National City, whether now in force or subsequently enacted. The CONSULTANT and each
of its SUBCONSULTANT(S), shall obtain and maintain a current City of National City business
license prior to and during performance of any work pursuant to this Agreement.
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11. LICENSES, PERMITS, ETC. The CONSULTANT represents and
covenants that it has all licenses, permits, qualifications, and approvals of whatever nature that
are legally required to practice its profession. The CONSULTANT represents and covenants that
the CONSULTANT shall, at its sole cost and expense, keep in effect at all times during the term
of this Agreement, any license, permit, or approval which is legally required for the
CONSULTANT to practice its profession.
12. STANDARD OF CARE.
A. The CONSULTANT, in performing any services under this
Agreement, shall perform in a manner consistent with that level of care and skill ordinarily
exercised by members of the CONSULTANT'S trade or profession currently practicing under
similar conditions and in similar locations. The CONSULTANT shall take all special
precautions necessary to protect the CONSULTANT's employees and members of the public
from risk of harm arising out of the nature of the work and/or the conditions of the work site.
B. Unless disclosed in writing prior to the date of this agreement, the
CONSULTANT warrants to the CITY that it is not now, nor has it for the five (5) years
preceding, been debarred by a governmental agency or involved in debarment, arbitration or
litigation proceedings concerning the CONSULTANT'S professional performance or the
furnishing of materials or services relating thereto.
C. The CONSULTANT is responsible for identifying any unique
products, treatments, processes or materials whose availability is critical to the success of the
project the CONSULTANT has been retained to perform, within the time requirements of the
CITY, or, when no time is specified, then within a commercially reasonable time. Accordingly,
unless the CONSULTANT has notified the CITY otherwise, the CONSULTANT warrants that
all products, materials, processes or treatments identified in the project documents prepared for
the CITY are reasonably commercially available. Any failure by the CONSULTANT to use due
diligence under this sub -paragraph will render the CONSULTANT liable to the CITY for any
increased costs that result from the CITY's later inability to obtain the specified items or any
reasonable substitute within a price range that allows for project completion in the time frame
specified or, when not specified, then within a commercially reasonable time.
13. NON-DISCRIMINATION PROVISIONS. The CONSULTANT shall
not discriminate against any employee or applicant for employment because of age, race, color,
ancestry, religion, sex, sexual orientation, marital status, national origin, physical handicap, or
medical condition. The CONSULTANT will take positive action to insure that applicants are
employed without regard to their age, race, color, ancestry, religion, sex, sexual orientation,
marital status, national origin, physical handicap, or medical condition. Such action shall
include but not be limited to the following: employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of
compensation, and selection for training, including apprenticeship. The CONSULTANT agrees
to post in conspicuous places available to employees and applicants for employment any notices
provided by the CITY setting forth the provisions of this non-discrimination clause.
14. CONFIDENTIAL INFORMATION. The CITY may from time to time
communicate to the CONSULTANT certain confidential information to enable the
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City's Standard Agreement —2009 revision
CONSULTANT to effectively perform the services to be provided herein. The CONSULTANT
shall treat all such information as confidential and shall not disclose any part thereof without the
prior written consent of the CITY. The CONSULTANT shall limit the use and circulation of
such information, even within its own organization, to the extent necessary to perform the
services to be provided herein. The foregoing obligation of this Section 13, however, shall not
apply to any part of the information that (i) has been disclosed in publicly available sources of
information; (ii) is, through no fault of the CONSULTANT, hereafter disclosed in publicly
available sources of information; (iii) is already in the possession of the CONSULTANT without
any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to the
CONSULTANT by a third party, but only to the extent that the use or disclosure thereof has
been or is rightfully authorized by that third party.
The CONSULTANT shall not disclose any reports, recommendations,
conclusions or other results of the services or the existence of the subject matter of this
Agreement without the prior written consent of the CITY. In its performance hereunder, the
CONSULTANT shall comply with all legal obligations it may now or hereafter have respecting
the information or other property of any other person, firm or corporation.
CONSULTANT shall be liable to CITY for any damages caused by breach of this
condition, pursuant to the provisions of Section 14.
15. INDEMNIFICATION AND HOLD HARMLESS. The CONSULTANT
agrees to defend, indemnify, and hold harmless the City of National City, its officers and
employees, against and from any and all liability, loss, damages to property, injuries to, or death
of any person or persons, and all claims, demands, suits, actions, proceedings, reasonable
attorneys' fees, and defense costs, of any kind or nature, including workers' compensation claims,
of or by anyone whomsoever, resulting from or arising out of the CONSULTANT'S negligent
performance of this Agreement.
16. WORKERS' COMPENSATION. The CONSULTANT shall comply
with all of the provisions of the Workers' Compensation Insurance and Safety Acts of the State
of California, the applicable provisions of Division 4 and 5 of the California Government Code
and all amendments thereto; and all similar state or Federal acts or laws applicable; and shall
indemnify, and hold harmless the CITY and its officers, and employees from and against all
claims, demands, payments, suits, actions, proceedings and judgments of every nature and
description, including reasonable attorney's fees and defense costs presented, brought or
recovered against the CITY or its officers, employees, or volunteers, for or on account of any
liability under any of said acts which may be incurred by reason of any work to be performed by
the CONSULTANT under this Agreement.
17. INSURANCE. The CONSULTANT, at its sole cost and expense, shall
purchase and maintain, and shall require its SUBCONSULTANT(S), when applicable, to
purchase and maintain throughout the term of this agreement, the following insurance policies:
® A. If checked, Professional Liability Insurance (errors and omissions) with
minimum limits of $1,000,000 per occurrence.
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City's Standard Agreement —2009 revision
B. Automobile insurance covering all bodily injury and property damage
incurred during the performance of this Agreement, with a minimum coverage of $1,000,000
combined single limit per accident. Such automobile insurance shall include owned, non -owned,
and hired vehicles ("any auto").
C. Commercial general liability insurance, with minimum limits of
$1,000,000 per occurrence/$2,000,000 aggregate, covering all bodily injury and property
damage arising out of its operations under this Agreement.
D. Workers' compensation insurance in an amount sufficient to meet
statutory requirements covering all of CONSULTANT employees and employers' liability
insurance with limits of at least $1,000,000 per accidcnt. In addition, the policy shall be endorsed
with a waiver of subrogation in favor of the City. Said endorsement shall be provided prior to
commencement of work under this Agreement.
If CONSULTANT has no employees subject to the California Workers'
Compensation and Labor laws, CONSULTANT shall execute a Declaration to that effect. Said
Declaration shall be provided to CONSULTANT by CITY.
E. The aforesaid policies shall constitute primary insurance as to the CITY,
its officers, employees, and volunteers, so that any other policies held by the CITY shall not
contribute to any loss under said insurance. Said policies shall provide for thirty (30) days prior
written notice to the CITY of cancellation or material change.
F. Said policies, except for the professional liability and workers'
compensation policies, shall name the CITY and its officers, agents and employees as additional
insureds, and separate additional insured endorsements shall be provided.
G. If required insurance coverage is provided on a "claims made" rather than
"occurrence" form, the CONSULTANT shall maintain such insurance coverage for three years
after expiration of the term (and any extensions) of this Agreement. In addition, the "retro" date
must be on or before the date of this Agreement.
H. Any aggregate insurance limits must apply solely to this Agreement.
I. Insurance shall be written with only California admitted companies which
hold a current policy holder's alphabetic and financial size category rating of not less than A
VIII according to the current Best's Key Rating Guide, or a company equal financial stability
that is approved by the City's Risk Manager. In the event coverage is provided by non -admitted
"surplus lines" carriers, they must be included on the most recent California List of Eligible
Surplus Lines Insurers (LESLI list) and otherwise mcet rating requirements.
J. This Agreement shall not take effect until certificate(s) or other sufficient
proof that these insurance provisions have been complied with, are filed with and approved by
the CITY's Risk Manager. If the CONSULTANT does not keep all of such insurance policies in
full force and effect at all times during the terms of this Agreement, the CITY may elect to treat
the failure to maintain the requisite insurance as a breach of this Agreement and terminate the
Agreement as provided herein.
K. All deductibles and self -insured retentions in excess of $10,000 must be
disclosed to and approved by the CITY.
18. LEGAL FEES. If any party brings a suit or action against the other party
arising from any breach of any of the covenants or agreements or any inaccuracies in any of the
representations and warranties on the part of the other party arising out of this Agreement, then
in that event, the prevailing party in such action or dispute, whether by final judgment or out-of-
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court settlement, shall be entitled to have and recover of and from the other party all costs and
expenses of suit, including attorneys' fees.
For purposes of determining who is to be considered the prevailing party, it is
stipulated that attorney's fees incurred in the prosecution or defense of the action or suit shall not
be considered in determining the amount of the judgment or award. Attorney's fees to the
prevailing party if other than the CITY shall, in addition, be limited to the amount of attorney's
fees incurred by the CITY in its prosecution or defense of the action, irrespective of the actual
amount of attorney's fees incurred by the prevailing party.
19. MEDIATION/ARBITRATION. If a dispute arises out of or relates to
this Agreement, or the breach thereof, the parties agree first to try, in good faith, to settle the
dispute by mediation in San Diego, California, in accordance with the Commercial Mediation
Rules of the American Arbitration Association (the "AAA") before resorting to arbitration. The
costs of mediation shall be borne equally by the parties. Any controversy or claim arising out of,
or relating to, this Agreement, or breach thereof, which is not resolved by mediation shall be
settled by arbitration in San Diego, California, in accordance with the Commercial Arbitration
Rules of the AAA then existing. Any award rendered shall be final and conclusive upon the
parties, and a judgment thereon may be entered in any court having jurisdiction over the subject
matter of the controversy. The expenses of the arbitration shall be borne equally by the parties to
the arbitration, provided that each party shall pay for and bear the costs of its own experts,
evidence and attorneys' fees, except that the arbitrator may assess such expenses or any part
thereof against a specified party as part of the arbitration award.
20. TERMINATION. A. This Agreement may be terminated with or without
cause by the CITY. Termination without cause shall be effective only upon 60-day's written
notice to the CONSULTANT. During said 60-day period the CONSULTANT shall perform all
services in accordance with this Agreement.
B. This Agreement may also be terminated immediately by the CITY for
cause in the event of a material breach of this Agreement, misrepresentation by the
CONSULTANT in connection with the formation of this Agreement or the performance of
services, or the failure to perform services as directed by the CITY.
C. Termination with or without cause shall be effected by delivery of written
Notice of Termination to the CONSULTANT as provided for herein.
D. In the event of termination, all finished or unfinished Memoranda Reports,
Maps, Drawings, Plans, Specifications and other documents prepared by the CONSULTANT,
whether paper or electronic, shall immediately become the property of and be delivered to the
CITY, and the CONSULTANT shall be entitled to receive just and equitable compensation for
any work satisfactorily completed on such documents and other materials up to the effective date
of the Notice of Termination, not to exceed the amounts payable hereunder, and Tess any
damages caused the CITY by the CONSULTANT'S breach, if any. Thereafter, ownership of
said written material shall vest in the CITY all rights set forth in Section 6.
E. The CITY further reserves the right to immediately terminate this
Agreement upon: (1) the filing of a petition in bankruptcy affecting the CONSULTANT; (2) a
reorganization of the CONSULTANT for the benefit of creditors; or (3) a business
reorganization, change in business name or change in business status of the CONSULTANT.
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21. NOTICES. All notices or other communications required or permitted
hereunder shall be in writing, and shall be personally delivered; or sent by overnight mail
(Federal Express or the like); or sent by registered or certified mail, postage prepaid, return
receipt requested; or sent by ordinary mail, postage prepaid; or telegraphed or cabled; or
delivered or sent by telex, telecopy, facsimile or fax; and shall be deemed received upon the
earlier of (i) if personally delivered, the date of delivery to the address of the person to receive
such notice, (ii) if sent by overnight mail, the business day following its deposit in such
overnight mail facility, (iii) if mailed by registered, certified or ordinary mail, five (5) days (ten
(10) days if the address is outside the State of California) after the date of deposit in a post
office, mailbox, mail chute, or other like facility regularly maintained by the United States Postal
Service, (iv) if given by telegraph or cable, when delivered to the telegraph company with
charges prepaid, or (v) if given by telex, telecopy, facsimile or fax, when sent. Any notice,
request, demand, direction or other communication delivered or sent as specified above shall be
directed to the following persons:
To CITY:
To CONSULTANT:
Joe Smith
Director of Public Works
City of National City
1243 National City Boulevard
National City, CA 91950-4301
Karyn Keese
Senior Project Manager
PBS&J
9275 Sky Park Court, Suite 200
San Diego, CA 92123
Notice of change of address shall be given by written notice in the manner
specified in this Section. Rejection or other refusal to accept or the inability to deliver because of
changed address of which no notice was given shall be deemed to constitute receipt of the notice,
demand, request or communication sent. Any notice, request, demand, direction or other
communication sent by cable, telex, telecopy, facsimile or fax must be confirmed within forty-
eight (48) hours by letter mailed or delivered as specified in this Section.
22. CONFLICT OF INTEREST AND POLITICAL REFORM ACT
OBLIGATIONS. During the term of this Agreement, the CONSULTANT shall not perform
services of any kind for any person or entity whose interests conflict in any way with those of the
City of National City. The CONSULTANT also agrees not to specify any product, treatment,
process or material for the project in which the CONSULTANT has a material financial interest,
either direct or indirect, without first notifying the CITY of that fact. The CONSULTANT shall
at all times comply with the terms of the Political Reform Act and the National City Conflict of
Interest Code. The CONSULTANT shall immediately disqualify itself and shall not use its
official position to influence in any way any matter coming before the CITY in which the
CONSULTANT has a financial interest as defined in Government Code Section 87103. The
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City's Standard Agreement —2009 revision
CONSULTANT represents that it has no knowledge of any financial interests that would require
it to disqualify itself from any matter on which it might perform services for the CITY.
❑ If checked, the CONSULTANT shall comply with all of the reporting
requirements of the Political Reform Act and the National City Conflict of Interest Code.
Specifically, the CONSULTANT shall file a Statement of Economic Interests with the City
Clerk of the City of National City in a timely manner on forms which the CONSULTANT shall
obtain from the City Clerk.
The CONSULTANT shall be strictly liable to the CITY for all damages, costs or
expenses the CITY may suffer by virtue of any violation of this Paragraph 21 by the
CONSULTANT.
23. MISCELLANEOUS PROVISIONS.
A. Computation of Time Periods. If any date or time period provided for in
this Agreement is or cnds on a Saturday, Sunday or federal, state or legal holiday, then such date
shall automatically be extended until 5:00 p.m. Pacific Time of the next day which is not a
Saturday, Sunday or federal, state or legal holiday.
B. Counterparts. This Agreement may be executed in multiple counterparts,
each of which shall be deemed an original, but all of which, together, shall constitute but one and
the same instrument.
C. Captions. Any captions to, or headings of, the sections or subsections of
this Agreement are solely for the convenience of the parties hereto, are not a part of this
Agreement, and shall not be used for the interpretation or determination of the validity of this
Agreement or any provision hereof.
D. No Obligations to Third Parties. Except as otherwise expressly provided
herein, the execution and delivery of this Agreement shall not be deemed to confer any rights
upon, or obligate any of the parties hereto, to any person or entity other than the parties hereto.
E. Exhibits and Schedules. The Exhibits and Schedules attached hereto are
hereby incorporated herein by this reference for all purposes.
F. Amendment to this Agreement. The terms of this Agreement may not be
modified or amended except by an instrument in writing executed by each of the parties hereto.
G. Waiver. The waiver or failure to enforce any provision of this Agreement
shall not operate as a waiver of any future breach of any such provision or any other provision
hereof.
H. Applicable Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of California.
I. Entire Agreement. This Agreement supersedes any prior agreements,
negotiations and communications, oral or written, and contains the entire agreement between the
parties as to the subject matter hereof. No subsequent agreement, representation, or promise
made by either party hereto, or by or to an employee, officer, agent or representative of any party
hereto shall be of any effect unless it is in writing and executed by the party to be bound thereby.
J. Successors and Assigns. This Agreement shall be binding upon and shall
inure to the benefit of the successors and assigns of the parties hereto.
K. Construction. The parties acknowledge and agree that (i) each party is of
equal bargaining strength, (ii) each party has actively participated in the drafting, preparation and
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City's Standard Agreement —2009 revision
negotiation of this Agreement, (iii) each such party has consulted with or has had the opportunity
to consult with its own, independent counsel and such other professional advisors as such party
has deemed appropriate, relative to any and all matters contemplated under this Agreement, (iv)
each party and such party's counsel and advisors have reviewed this Agreement, (v) each party
has agreed to enter into this Agreement following such review and the rendering of such advice,
and (vi) any rule or construction to the effect that ambiguities are to be resolved against the
drafting party shall not apply in the interpretation of this Agreement, or any portions hereof, or
any amendments hereto.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on
the date and year first above written.
CITY OF _ TIONAL CITY
By:
is
City Manager
APPROVED AS TO FORM:
George H. Kiser, III
City Attorney
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PBS&J
(Corporation — signatures of two corporate officers)
(Partnership - one signature)
(Sole proprietorship — one signature)
By:
Joseph S. Smith
(Print)
Vice President
(Title)
Dean J. Gipson
(Print)
Associate Vice President
(Title)
City's Standard Agreement 2009 revision
S SI ®
An employee -owned company
April 8, 2010
Mr. Joe H. A. Smith
Director of Public Works / Special Projects
City of National City
1243 National City Blvd.
National City, CA 91950-4301
Exhibit A
SUBJECT: PROPOSAL TO PROVIDE AS -NEEDED FINANCIAL SERVICES FOR THE CITY
OF NATIONAL CITY FOR FISCAL YEARS ENDING 2010 AND 2011
Dear Mr. Smith:
In response to your request, PBS&J is pleased to submit this proposal to the City of National City
(City) for as -needed financial services for Fiscal Years Ending 2010 and 2011.
It is our understanding that the City desires assistance with as -needed financial services in
support of their wastewater utility. This would be on a task basis and may include: revising
sewer rates and rate cases, negotiating issues arising from the City of San Diego and Metro
system contract, and providing support with billing and contractual negotiations with the United
States Navy. Other tasks may include council or public workshops/meetings, written reports,
and training of staff in financial models.
In the past, PBS&J has supported the City in a myriad of financial projects, including the
development of the current multi -year sewer rate case, which includes revenues for both sewer
and storm water; determination of billings associated with the U.S. Navy; development of a
reserve policy for the sewer utility; parcel audits for updating the City's sewer user database;
and studies on a variety of topics such as alternative utility billing mechanisms, tax roll billing
conversion, and creation of a storm water utility.
Our proposed Scope of Services is outlined in Attachment "A" and Fees and Conditions are
outlined in Attachment "B."
We appreciate the opportunity to offer this proposal and we look forward to working with you on
this project. If you have any questions, please call our Project Manager, Karyn Keese, at
858.514.1008 or me at 858.514.1021.
Respectfully submitted,
PBS&J
Dean J. G' . son,`R
Associate Vice President
9275 Sky Park Court • Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com
ATTACHMENT A
SCOPE OF SERVICES
FISCAL YEARS ENDING 2010 AND 2011
AS -NEEDED FINANCIAL CONSULTING SERVICES
April 8, 2010
In response to your request, PBS&J is pleased to submit this proposal to you for financial services
for the City of National City (Client).
I. SCOPE OF SERVICES
Based on our current understanding of the Project, PBS&J will provide the following services:
A. Five Year Sewer Rate Case
The City last reviewed their sewer rates in FYE 2004. The City adopted a three-
year increasing rate case with the goal that, once the sewer rates for all
customers reached the FYE 2006 level, the rate could remain in place for several
years. The City achieved this goal and has not raised sewer rates since
FYE 2006 or for four years. City of San Diego Metro Wastewater treatment and
transportation rates have increased on an average of 5% per year since that
time. In addition, a contingency plan needs to be developed to fund the capital
alternatives at the end of the City of San Diego's current waiver (5 years). It is
unknown at this time whether the City will be able to submit for another waiver at
the end of that time period but it is anticipated that significant capital expense will
be needed to either upgrade the Point Loma Wastewater Treatment Plant to
Secondary and/or build upstream reclamation plants to offload flows to Point
Loma. We will include the City's most recent capital projections into your five-
year long range plan and develop a rate case that will smoothly transition from
the current expense level to the projected capital costs without a rate shock to
National City's rate payers. Many of the participating agencies have established
a "Metro Secondary Rate Stabilization Reserve" and are slowly raising rates to
fund the reserve and to avoid a rate shock.
B. Finalize Reserve Policy
A draft reserve policy was developed during the FYE 2004 to 2006 rate case.
This reserve policy needs to be updated to include a potential Secondary
Reserve as well as the current uses of City funds. The City is required to fully
fund a capital replacement reserve annually to stay in contractual compliance
with the EPA/State Water Board requirements for all the participating agencies in
the San Diego Metro System. In addition, all other reserves will be brought to
industry standards.
April 8, 2010
Attachment A
As -needed Financial Services
Page 2 of 2
C. As -Needed Financial Services
This task provides for as -needed financial services in support of the City's
wastewater utilities. This would be on a task basis and may include updating
budget information and revenue requirements, sewer rate revisions, mid -year
review and rate cases; negotiating issues arising from the City of San Diego and
Metro system contract; and providing support with billing and contractual
negotiations with the United States Navy. Other tasks may include council or
public workshops or meetings or written reports.
III. CLIENT FURNISHED SERVICES
The following services or information will be provided by the Client or its consultants:
A. Assign one person to serve as the Client's Project Manager who has authority to
represent the Client and will serve as the point of interface for all project issues and
communications. In addition, this person will serve as the initial contact for customer
inquiries regarding sewer charges.
B. Client shall provide to PBS&J copies of all relevant reports, studies,
correspondence, and other relevant project information or data as needed for each
task. Under this agreement for services, PBS&J shall be entitled to rely upon the
accuracy and completeness of the information and financial data provided by the
Client in performing its services, without liability. Unless requested in writing by
Client, PBS&J will not, and will have no obligation to perform any manner of check,
review or verify the accuracy or completeness of the data provided.
ATTACHMENT B
FEES AND CONDITIONS
FISCAL YEARS ENDING 2010 AND 2011
AS -NEEDED FINANCIAL CONSULTING SERVICES
April 8, 2010
A. The services described in Section I, Scope of Services, will be provided on an
hourly rate basis with an estimated upper limit of $43,769 as summarized in the
table below.
Task
Hours
Dollars
Five Year Rate Case
98
$15,896.00
Finalize Reserve Policy
20
$ 3,920.00
As Needed Services
FYE 2010
40
$
7,840.00
FYE 2011
80
$15,680.00
Direct Costs
$ 433.36
Total
238
$ 43,769.36
B. The fees for the services will be provided on an hourly rate basis in accordance with
the PBS&J Standard Rate Schedule in effect at the time the services are
performed. The hourly rate will not increase during the two-year time period of this
contract. A copy of the current Standard Rate Schedule is attached.
An empl r e-otrfred company
Exhibit B
PBS&J SOUTHWEST INFRASTRUCTURE
STANDARD RATE SCHEDULE
EFFECTIVE JANUARY 1, 2010
ENGINEERING SERVICES
Principal Engineer IV
Principal Engineer III
Principal Engineer II
Principal Engineer I
Supervising Engineer II
Supervising Engineer I
Senior Engineer III
Senior Engineer II
Senior Engineer I
Engineer III
Engineer II
Engineer I
Engineering Aide
PUBLIC AFFAIRS SERVICES
$219.00 Project Manager $170.00
209.00 Community Relations Specialist 140.00
196.00 Assistant Project Manager 125.00
180.00 Account Coordinator 80.00
170.00
155.00
145.00 Principal Professional $196.00
140.00 Supervising Professional 170.00
130.00 Sr. Professional III / Sr. GIS Analyst III 150.00
120.00 Senior Professional II / Sr. GIS Analyst II 135.00
115.00 Senior Professional I / Sr. GIS Analyst I 122.00
105.00 Professional II / GIS Analyst II 101.00
70.00 Professional I / GIS Analyst I 88.00
CONSTRUCTION RELATED SERVICES
Senior Construction Manager $175.00
Senior Project Engineer (Const.) 135.00
Construction Manager 130.00
Senior Field Representative* 115.00
Construction Management Rep. II* 100.00
Construction Management Rep. I* 90.00
Prevailing Wage Field Rep.** 125.00
Sr. Contract Administrator 110.00
Contract Administrator 85.00
ENVIRONMENTAL SCIENCE
Supervising Scientist $220.00
Senior Scientist III 185.00
Senior Scientist II 165.00
Senior Scientist I 140.00
Scientist III 130.00
Scientist II 120.00
Scientist I 100.00
Assistant Scientist 85.00
Research Assistant 60.00
OTHER PROFESSIONAL SERVICES
DESIGN & GRAPHIC SERVICES
Senior Designer III $140.00
Senior Designer II 135.00
Senior Designer I 120.00
Designer II 110.00
Designer I 100.00
CAD Technician III 95.00
CAD Technician II 85.00
CAD Technician I 70.00
Graphics Designer II 100.00
Graphics Designer I 95.00
ADMINISTRATIVE SERVICES
Senior Administrator $110.00
Senior Administrative Assistant III 100.00
Senior Administrative Assistant II 85.00
Senior Administrative Assistant I 80.00
Administrative Assistant III 75.00
Administrative Assistant II 65.00
Administrative Assistant I / Clerk 60.00
EXPENSES AND OUTSIDE SERVICES
In addition, identifiable non -salary costs that are directly attributable to the project, such as reproduction costs, telephone charges, mileage,
postage, etc., are billed at actual cost plus 15 percent to cover overhead and administration plus 3 percent for insurance costs.
Principal Engineer IV and litigation support rates negotiated on a contract by contract basis.
Computer Aided Drafting, hydrologic water, sewer, and stormwater modeling, GIS, automated mapping, database and web programming,
etc., is charged at $5 per labor hour.
* Non -Prevailing Wage
** Prevailing Wage Rate - Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the above rates.
If applicable, a vehicle allowance of $900.00 per month will be charged for the use of a company vehicle assigned to a full-time inspector.
This monthly allowance will be prorated based upon hours worked for part-time inspection.
Fees for litigation and expert witness services wit be charged at $450.00 per hour with a 4-hour minimum per day.
Fees for subconsultant services provided are billed at actual cost plus 15 percent to cover overhead and administration, plus 3 percent for
insurance costs.
PAYMENT TERMS
A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date
of original invoice.
This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and
the general costs of business.
H:Vadmin\Public Works AdminlStandard Rate Sheets 12010 Rates\Southwest Infrastructure Sid Rate 0110-SAN-DGO Ltrhd.docx
9275 Sky Park Court • Suite 200 • San Diego, California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com
LABOR ESTIMATE
Project Name: City of National City As -Needed
Client/Owner: City of National City, CA
Project Manager: Karyn Keese
Prepared By: Karyn Keese
Proj/Prop No.:
Date: January 13, 2010
FEE SUMMARY
ITEM
Labor
Outside Services
Direct Costs
(Direct Costs assumed at 1%)
TOTAL
ENGINEERING SERVICES
Engineering Aide - EA
Engineer I - El
Engineer II - EH
Engineer III - Ell!
Senior Engineer 1 - SEI
Senior Engineer 11- SEII
Senior Engineer III - SEIII
Supervising Engineer I - SPEI
Supervising Engineer II - SPEII
Principal Engineer I - PRI
Principal Engineer II - PRII
Principal Engineer III - PRIII
Principal Engineer IV - PRIV
ADMINISTRATIVE SERVICES
Admin Assistant I/Clerk - Al
Admin Assistant II (N6) - All
Admin Assistant III (N7) - Alil
Sr. Admin Assistant I (N8) - SAI
Sr. Admin Assistant II (N9) - SAII
Sr. Admin Assistant III - SAIII
Senior Administrator - SA
OTHER PROFESSIONAL SERVICES
Professional I/GIS Analyst - PI
Professional II/GIS Analyst II - P11
Sr. Prof. I/Sr. GIS Analyst I - SPI
Sr. Prof II/Sr. GIS Analyst II - SPII
Sr. Prof III/Sr. GIS Analyst III - SPIII
Supervising Professional - SP
Principal Professional - PP
JPAIPBSJ PA400-3101
$70
$105
$115
$120
$130
$140
$150
$155
$170
$180
$196
$209
$219
$60
$65
$75
$80
$85
$100
$110
TOTAL
$43,336
$0
$433
$43,769
BILLING RATES
ENVIRONMENTAL SCIENCE
Research Assistant - RA
Assistant Scientist - AS
Scientist I - SI
Scientist II - SII
Scientist III - SIII
Senior Scientist I - SSI
Senior Scientist II - SSII
Senior Scientist III - SSI II
Senior Scientist IV - SSIV
CONSTRUCTION RELATED SERVICES
Contract Administrator - CA
Sr. Contract Administrator - CAS
Construction Mgmt Rep. I* - CM!
Construction Mgmt Rep. II" - CMII
Senior Field Representative - SFR
Prevailing Wage Field Rep. - PWFR
Resident Engineer - SPEC
Construction Manager - CM
Senior Construction Manager - SCM
(* non -prevailing wage)
DESIGN & GRAPHIC SERVICES
CADD Technician I (N7) - CTI
$90 CADD Technician I1 (N8) - CTII
$105 CADD Technician III (N9) - CTIII
$125 Graphics Designer I (N10) - GDI
$140 Graphics Designer 11 (N11) - GDII
$150 Designer I - DI
$175 Designer 11- Dil
$196 Senior Designer I - SDI
Senior Designer II - SDII
Senior Designer III - SDtll
$60
$75
$100
$110
$120
$135
$175
$185
$220
$85
$110
$90
$100
$115
$114
$150
$135
$145
$70
$85
$95
$95
$100
$100
$110
$120
$135
$140
CA Offices: Encinitas, Keamy Mesa/San Diego, Orange, Los Angeles, Pasadena, Riverside, Sacramento, San Francisco
FILE: 2008 PBS&J fee est - west1
ACORD.CERTIFICATE OF LIABILITY
INSURANCE 9/30/2010
NYYY
DA 4/15/2o 0 '
PRODUCER Lockton Companies, LLC-1 Kansas City
444 W. 47th Street, Suite 900
KansasCity MO 64112-1906
§000
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
NAIC #
INSURED POST, BUCKLEY, SCHUH AND JERNIGAN, INC.
1307320 DBA PBS&J
2001 NW 107 AVENUE
MIAMI FL 33172-2507
I
INSURER A: LLOYDS OF LONDON A XV
INSURER B:
INSURER C :
INSURER D :
INSURER E :
COVERAGES
PD
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING
INSURER(SI. AUTHORIZED. REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER.
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
ADD%
INSRD
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE'
DATE (MMIDD/YY)
POLICY EXPIRATION
DATE (MM/DDIYY)
LIMITS
GENERAL LIABILITY
NOT APPLICABLE
EACH OCCURRENCE
$
XXXXXXX
COMMERCIAL GENERAL LIABILITY
DAMAGE TO RENTED
PREMISES RENTED
$
XXXXXXX
CLAIMS MADE OCCUR
MED EXP (My one person)
$
XXXXXXX
PERSONAL & ADV INJURY
$
XXXXXXX
GENERAL AGGREGATE
$
XXXXXXX
GEN'L AGGREGAATE LIMIT APPLIES PER:
PRODUCTS - COMPIOP AGG
$
XXXXXXX
7 POLICY' I'jJEC I ILOC
AUTOMOBILE
LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
NOT APPLICABLE
COMBINED SINGLE LIMIT
(Ea accident)
$
XXXXXXX
BODILY INJURY
(Per person)
$
XXXXXXX
BODILY INJURY
(Per accident)
$
XXXXXXX
PROPERTY DAMAGE
(Per accident)
$ XXXXXXX
GARAGE
LIABILITY
ANY AUTO
NOT APPLICABLE
AUTO ONLY - EA ACCIDENT
$
XXXXXXX
71
OTHER THAN EA ACC
$
XXXXXXX
AUTO ONLY: AGG
$
XXXXXXX
EXCESS/UMBRELLA LIABILITY
NOT APPLICABLE
EACH OCCURRENCE
$
XXXXXXX
OCCUR CLAIMS MADE
AGGREGATE
$
XXXXXXX
$
XXXXXXX
UMBRELLA
FORM
$
XXXXXXX
DEDUCTIBLE
RETENTION $
$
XXXXXXX
WORKERS COMPENSATION AND
EMPLOYERS' UABILITY
ANY PROPRIETOWPARTNERIEXECI rIVE
OFFICER/MEMBER EXCLUDED?
I/ yes, describe under
SPECIAL PROVISIONS mow
NOT APPLICABLE
WC STATU- H-
TORY LIMITS ER
E.L. EACH ACCIDENT
$
XXXXXXX
E.L. DISEASE - EA EMPLOYEE
$
XXXXXXX
E.L. DISEASE - POLICY LIMIT
$
XXXXXXX
A
A
OTHER
PROFESSIONALIPOLLUTION
LIABILITY
LDUSA09008 11
CLAIMS -MADE FORM
9/30/2009
9/30/2010
$1,000,000 EACH CLAIM & $1,000,000
ANNUAL AGGREGATE.
11/11/1961 RETRODATE.
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
RE: AS -NEEDED FINANCIAL CONSULTING SERVICES FOR FISCAL YEARS 2010 AND 2011
CERTIFICATE HOLDER
CANCELLATION
10855528
CITY OF NATIONAL CITY
ATTN: JOE SMITH, DIRECTOR OF PUBLIC WORKS
1243 NATIONAL CITY BOULEVARD
NATIONAL CITY CA 91950
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD 25 (2001/08)
AUTHORIZED REPRESEryAyvE
For questions regarding this certificate, contact the number listed in tlu!'P,oducer' section above. m ACORD CORPORATION 1988
ACORa CERTIFICATE
OF LIABILITY INSURANCE
DA'L(MR°D°m1
04/15/10
PRODUCER
Holmes Murphy and Associates - Omaha
2637 South 158th Plass
Suite 200
Omaha, NE 68130
1-866-220-4625
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURED
Post, Buckley, Schub & Jernigan, Inc,
d/b/a PBS&J
2001 NW 107th Avenue
Miami, FL 33172-2507
I
INSURER A: Zurich American iany/N16535
can Insurance Coaap
INSURER B: American Guarantee and Liability Inv. Co / ft26247
INSURER C: Steadfast Insurance Company/#26307
INSURER IX
INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO AU. THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
ISR
J R
TYPE OF INSURANCE
POUCY NUMBER
POUCY EFFECTIVE
HATE umeDDAID
POUCY EXPIRATION
DATE /MMaiTXYY1
UNITS
A
GENERALUABITTY
GLO 9139458-03
09/30/09
09/30/10
EACH OCCURRENCE
$1,000,000
X
COMMERCIAL GENERAL LIABILITY
FIRE DAMAGE (Any one Re)
$ 1,000, 000
CLAIMS MADE n OCCUR
MED EXP (My one parson)
1 25, 000
X
Contractual Liability
PERSONAL 4ADY INJURY
8 1,000,00D
GENERAL AGGREGATE
$ 2,000,000
GEM AGGREGLIMIT APPLIES
GE
PER:
PRODUCTS-COMP/OPAGG
$ 2,000,000
i (�AT(E
POUCY f Jra n
LOC
B
AUTOMOBILE
X
LIABILITY
ANY AUTO
BAP 9139457-03
09/30/09
09/30/10
(E cc nI SINGLE LIMIT
8 2, 000,000
_
ALL OWNED AUTOS
SCHEDULED AUTOS
BODILY INJURY
(Per person)
S
X
X
HIRED AUTOS
NON OWNED AUTOS
BODILY INJURY
(Per accident)
S
X
Contractual Liability
PROPERTY DAMAGE
(Per =Idea)
$
GARAGE 4/ABILITY
•
AUTO ONLY- EA ACCIDENT
8
ANY AUTO
OTHER THAN EA ACC
$
AUTO ONLY: AGG
S
C
excsasumeu Y
ADC 508762104
09/30/09
09/30/10
EACH OCCURRENCE
525,000,000
Y7
OCCUR I 1 CLAIMS MADE
AGGREGATE
S 25, 000, 000
S
DEDUCTIBLE
8
RETENTION $_0
$
A
WORKERS COMPENSATION AND
TTC 9139459-03
09/30/09
09/30/3.0
[[
X TO YUMR$} OER
EMPLOYERS' LIABILITY
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1, 000, 000
E.L DISEASE -POLICY LIMIT
$ 1,000,000
OTHER
i
i
f
DESCRIPTION OF OPERATHH/SILOCATDNSNEHICLE3jEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PRONSDNS
REI As -Needed Financial Consulting Services for Fiscal Years 2010 and 2011.
City of National City, its officers, agents, employees. and volunteers are Additional Iaaureds on the General Liability
and Automobile Liability on a Primary & Non -Contributory basis, if required by contract, with respect to the operations
of the insured on this above listed project. Waiver of Subrogation on the Workers Compensation in favor of the
Additional Insureds.
CERTIFICATE HOLDER
ADDITIONAL INSURED; INSURER LETTER:
CANCELLATION
National City, City of
1243 National City Blvd.
National City, CA 91950
USA
SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THEEXPIRATTON
DATE THEREOF, THE 1s8UNG NISURER YRLL EMAIL 30 DAYS WRITTEN
NoncE To THE CERTIFICATE HOLDER NAMED TO THE LEFT. morwermatameememazx
AUTHORIZED REPRESENTATIVE ieil�7
E7C MOD=
ACORD 25-S (7/97) edornne
15296782
e ACORD CORPORATION 1988
J
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endo sement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORO 25-S (7197)
J
SUPPLEMENT TO CERTIFICATE OF INSURANCE
DATE
04/15/10
NAME OF INSURED: poet, Buckley, Schuh 4 Jernigan, Inc.
d/b/a PBS4J
Additional Insured on the General Liability & Auto Liability on a Primary 4 Non -Contributory basin, including
completed operations "Where Required by Contract* (GL ONLY). General Liabiltty Aggregate limit applies per Project
Blanket Additional Insured Leaeor/Lose Payee on the Auto Liability. Waiver of Subrogation on the General Liability
Auto Liability, and Workers Compensation "Where Required by Contract'. Umbrella follows form to the Additional
Insureds on the General Liability.
NOTICE OF CANCELLATION WORDING SHOULD ANY OF THE DESCRIBED POLICIES ON THE CERTIFICATE BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL NAIL 30, 60 OR 90 DAYS WRITTEN NOTICE "MERE REQUIRED BY
CONTRACT. EXCEPT 10 DAYS NOTICE FOR NON-PAYMENT OF PREMIUM TO THE CERTIFICATE BOLDER NAMED ON THE ATTACHED
CERTIFICATE.
SUPP (10100)
Additional Insured — Automatic - Owners, Lessees Or
Contractors - Broad Form
Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b/a PBS&J
ZURICH
Policy No.
Eft Date of Pol.
Exp. Date of Pol.
Eff. Date of End
Producer
Addl. Prem
Return Prem.
GLO 9139458-03
09/30/09
09/30/10
09/30/09
$
$
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
This endorsement modifies insurance provided under the:
Commercial General Liability Coverage Part
A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required
to add as an additional insured on this policy under a written contract or written agreement.
B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis-
ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and
Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if:
1. The "bodily injury" or "property damage" results from your negligence; and
2. The "bodily injury", "property damage" or "personal and advertising injury" results directly from:
a. Your ongoing operations; or
b. "Your work" completed as included in the "products -completed operations hazard",
performed for the additional insured, which is the subject of the written contract or written agreement.
C. However, regardless of the provisions of paragraphs A. and B. above:
1. We will not extend any insurance coverage to any additional insured person or organization:
a. That is not provided to you in this policy; or
b. That is any broader coverage than you are required to provide to the additional insured person or organization in the
written contract or written agreement; and
2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of:
a. The Limits of Insurance provided to you in this policy; or
b. The Limits of Insurance you are required to provide in the written contract or written agreement.
D. The insurance provided to the additional insured person or organization does not apply to:
1. `Bodily injury", "property damage" or "personal and advertising injury" that results solely from negligence of the addi-
tional insured; or
2. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering or failure to
render any professional architectural, engineering or surveying services including:
a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field
orders, change orders or drawings and specifications; and
Includes copyrighted material of Insurance Services Office, Inc. with its permission.
U-G1.-1175-A CW (9/03)
Page 1 of 2
b. Supervisory, inspection, architectural or engineering activities.
E. The additional insured must see to it that:
1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim:
2. We receive written notice of a claim or "suit" as soon as practicable; and
3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by
another insurer under which the additional insured also has rights as an insured or additional insured.
F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in-
surance available to any additional insured person or organization unless the other insurance is provided by a contractor
other than you for the same operations and job location. Then we will share with that other insurance by the method de-
scribed in paragraph 4.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS.
Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ-
ten.
Name of Person or Organization:
City of National City, its officers, agents, employees, and volunteers
1243 National City Blvd.
National City, CA 91950
RE: As -Needed Financial Consulting Services for Fiscal Years 2010 and 2011.
U-GL-1175-ACW (9103)
Page 2 of 2
COMMERCIAL
AUTO INSURANCE
COMMERCIAL INSURANCE
ENDORSEMENT
Insurance for this coverage part provided by: Named Insured: Post, Buckley, Schuh
& Jernigan, Inc, d/b/a PBS&J
American Guarantee and Liability Insurance Company
Policy Number: BAP 9139457-03
Policy Eff/Exp: 9/30/09 — 9/30/10
Renewal of Number BAP 9139457-02
ADDITIONAL INSURED
THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED BY THE FOLLOWING:
BUSINESS AUTO COVERAGE PART
SCHEDULE
NAME:
City of National City, its officers, agents, employees, and volunteers
1243 National City Blvd.
National City, CA 91950
RE: As -Needed Financial Consulting Services for Fiscal Years 2010 and 2011.
WHO IS AN INSURED (SECTION II) IS AMENDED TO INCLUDE AS AN INSURED THE
PERSON (S) OR ORGANIZATION (S) SHOWIN IN THE SCHEDULE BUT ONLY WITH
RESPECT TO THEIR LIABILITY ARISING OUT OF:
A) YOUR WORK FOR THE ADDITIONAL INSURED(S) AT THE LOCATION
DESIGNATED, OR
B) ACTS OR OMISSIONS OF THE ADDITIONAL INSURED(S) IN CONNECTION
WITH THEIR GENERAL SUPERVISION OF "YOUR WORK" AT THE LOCTION
SHOWN IN THE SCHEDULE.
FOR CLAIMS ARISING OUT OF OPERATION, MAINTENANCE OR USE OF A COVERED
AUTO, THIS INSURANCE SHALL BE PRIMARY INSURANCE OVER ANY OTHER INSURANCE
AVAILABLE TO THE SCHEDULED INSURED.
U-CA-388-A (07-94)
WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY
WC 04 03 06 (Ed. 4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT--
CALIFORNIA
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a
different date is indicated below.
(The following "attaching clause" need be completed only when this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on
09/30/2009
(DATE)
at 12:01 A.M. standard time, forms a part of
Policy No. WC 9139459-03 Endorsement No.
of the ZURICH AMERICAN INSURANCE COMPANY
(NAME OF INSURANCE COMPANY)
issued to Post, Buckley, Schuh & Jernigan, inc. d/b/a PBS&J
Premium {if any) $
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation pre-
mium otherwise due on such remuneration.
Schedule
Person or Organization
Job Description
City of National City, its officers, agents,
Employees, and volunteers
1243 National City Blvd..
National City, CA 91950
RE: As -Needed Financial Consulting Services for
Fiscal Years 2010 and 2011.
WC 252 (4-84)
WC 04 03 06 (Ed. 4-84)
Page 1 of 1
THIS DOCUMENT HAS A TRUE DEFENSA'" WATERh1ARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
License No. 65275
T S0.00
T ;65.00
TOTAL $65.00
275 SKY PARK CT STE 200
TAN D(EGO, CA 9212344905
POST IN'A CONSPICUOUS `P
THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECT FLUORESCENT FIBERS UNDER UV LIGHT
PBS1
An employee -owned company
April 8, 2010
Mr. Joe H. A. Smith
Acting Director of Public Works
City of National City
1243 National City Blvd.
National City, CA 91950-4301
SUBJECT: PBS&J COMPANY OVERVIEW
PBS&J is a multi -service consulting engineering firm organized into technical divisions
that integrate comprehensive environmental, civil, and transportation engineering;
environmental sciences; architecture; construction management; and information
technologies. PBS&J is one of only a few large, employee -owned engineering firms, that is
consistently ranked among the top ten percent of design firms in the nation. Established 45
years ago, PBS&J has nearly 3,900 employees in 75 offices throughout the United States
and abroad. We are currently ranked 21st by Engineering News Record, 3rd in pure design.
Our Southern California staff includes more than 200 full-time employees in our San Diego,
Encinitas, Orange, Riverside, and Los Angeles offices. Our local staff members are skilled
in a wide range of disciplines, including specialties that include water and wastewater
engineering, civil and structural engineering, transportation, planning, surveying, and
financial management services for various public works projects for city, county, state, and
federal agencies. At PBS&J our vision is to be recognized as the consultant of choice
through sincere commitment to client service. We consistently offer services that are backed
by the resources of a large national organization combined with the dedication to personal
service often found from a small local firm.
PBS&J
9275 Sky Park Court, ste. 200
San Diego, CA 92123
Ph: 858-874-1810
Fax: 858-514-1001
9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858-874-1810 • Fax: 878-514-1008 • www.pbsj.com
I5f
An employee -owned company
April 8, 2010
Mr. Joe H. A. Smith
Director of Public Works / Special Projects
City of National City
1243 National City Blvd.
National City, CA 91950-4301
SUBJECT: PROPOSAL TO PROVIDE AS -NEEDED FINANCIAL SERVICES FOR THE CITY
OF NATIONAL CITY FOR FISCAL YEARS ENDING 2010 AND 2011
Dear Mr. Smith:
In response to your request, PBS&J is pleased to submit this proposal to the City of National City
(City) for as -needed financial services for Fiscal Years Ending 2010 and 2011.
It is our understanding that the City desires assistance with as -needed financial services in
support of their wastewater utility. This would be on a task basis and may include: revising
sewer rates and rate cases, negotiating issues arising from the City of San Diego and Metro
system contract, and providing support with billing and contractual negotiations with the United
States. Navy. Other tasks may include council or public workshops/meetings, written reports,
and training of staff in financial models.
In the past, PBS&J has supported the City in a myriad of financial projects, including the
development of the current multi -year sewer rate case, which includes revenues for both sewer
and storm water; determination of billings associated with the U.S. Navy; development of a
reserve policy for the sewer utility; parcel audits for updating the City's sewer user database;
and studies on a variety of topics such as alternative utility billing mechanisms, tax roll billing
conversion, and creation of a storm water utility.
Our proposed Scope of Services is outlined in Attachment "A" and Fees and Conditions are
outlined in Attachment "B."
We appreciate the opportunity to offer this proposal and we look forward to working with you on
this project. If you have any questions, please call our Project Manager, Karyn Keese, at
858.514.1008 or me at 858.514.1021.
Respectfully submitted,
PBS&J
Dean J. G,tpson, P,
Associate Vice President
9275 Sky Park Court • Suite 200 • San Diego. California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com
ATTACHMENT A
SCOPE OF SERVICES
FISCAL YEARS ENDING 2010 AND 2011
AS -NEEDED FINANCIAL CONSULTING SERVICES
April 8, 2010
In response to your request, PBS&J is pleased to submit this proposal to you for financial services
for the City of National City (Client).
I. SCOPE OF SERVICES
Based on our current understanding of the Project, PBS&J will provide the following services:
A. Five Year Sewer Rate Case
The City last reviewed their sewer rates in FYE 2004. The City adopted a three-
year increasing rate case with the goal that, once the sewer rates for all
customers reached the FYE 2006 level, the rate could remain in place for several
years. The City achieved this goal and has not raised sewer rates since
FYE 2006 or for four years. City of San Diego Metro Wastewater treatment and
transportation rates have increased on an average of 5% per year since that
time. In addition, a contingency plan needs to be developed to fund the capital
alternatives at the end of the City of San Diego's current waiver (5 years). It is
unknown at this time whether the City will be able to submit for another waiver at
the end of that time period but it is anticipated that significant capital expense will
be needed to either upgrade the Point Loma Wastewater Treatment Plant to
Secondary and/or build upstream reclamation plants to offload flows to Point
Loma. We will include the City's most recent capital projections into your five-
year long range plan and develop a rate case that will smoothly transition from
the current expense level to the projected capital costs without a rate shock to
National City's rate payers. Many of the participating agencies have established
a "Metro Secondary Rate Stabilization Reserve" and are slowly raising rates to
fund the reserve and to avoid a rate shock.
B. Finalize Reserve Policy
A draft reserve policy was developed during the FYE 2004 to 2006 rate case.
This reserve policy needs to be updated to include a potential Secondary
Reserve as well as the current uses of City funds. The City is required to fully
fund a capital replacement reserve annually to stay in contractual compliance
with the EPA/State Water Board requirements for all the participating agencies in
the San Diego Metro System. In addition, all other reserves will be brought to
industry standards.
PBS]
April 8, 2010
Attachment A
As -needed Financial Services
Page 2 of 2
C. As -Needed Financial Services
This task provides for as -needed financial services in support of the City's
wastewater utilities. This would be on a task basis and may include updating
budget information and revenue requirements, sewer rate revisions, mid -year
review and rate cases; negotiating issues arising from the City of San Diego and
Metro system contract; and providing support with billing and contractual
negotiations with the United States Navy. Other tasks may include council or
public workshops or meetings or written reports.
III. CLIENT FURNISHED SERVICES
The following services or information will be provided by the Client or its consultants:
A. Assign one person to serve as the Clients Project Manager who has authority to
represent the Client and will serve as the point of interface for all project issues and
communications. In addition, this person will serve as the initial contact for customer
inquiries regarding sewer charges.
B. Client shall provide to PBS&J copies of all relevant reports, studies,
correspondence, and other relevant project information or data as needed for each
task. Under this agreement for services, PBS&J shall be entitled to rely upon the
accuracy and completeness of the information and financial data provided by the
Client in performing its services, without liability. Unless requested in writing by
Client, PBS&J will not, and will have no obligation to perform any manner of check,
review or verify the accuracy or completeness of the data provided.
PB5f
ATTACHMENT B
FEES AND CONDITIONS
FISCAL YEARS ENDING 2010 AND 2011
AS -NEEDED FINANCIAL CONSULTING SERVICES
April 8, 2010
A. The services described in Section I, Scope of Services, will be provided on an
hourly rate basis with an estimated upper limit of $43,769 as summarized in the
table below.
Task
Hours
Dollars
Five Year Rate Case
98
$15,896.00
Finalize Reserve Policy
20
$ 3,920.00
As Needed Services
FYE 2010
40
$ 7,840.00
FYE 2011
80
$15,680.00
Direct Costs
$ 433.36
Total
238
$ 43,769.36
I
B. The fees for the services will be provided on an hourly rate basis in accordance with
the PBS&J Standard Rate Schedule in effect at the time the services are
performed. The hourly rate will not increase during the two-year time period of this
contract. A copy of the current Standard Rate Schedule is attached.
I
An employee -owned company
ENGINEERING SERVICES
Principal Engineer IV $219.00
Principal Engineer III 209.00
Principal Engineer II 196.00
Principal Engineer I 180.00
Supervising Engineer II 170.00
Supervising Engineer I 155.00
Senior Engineer III 145.00
Senior Engineer II 140.00
Senior Engineer I 130.00
Engineer III 120.00
Engineer II 115.00
Engineer I 105.00
Engineering Aide 70.00
CONSTRUCTION RELATED SERVICES
Senior Construction Manager $175.00
Senior Project Engineer (Const.) 135.00
Construction Manager 130.00
Senior Field Representative* 115.00
Construction Management Rep. II* 100.00
Construction Management Rep. I* 90.00
Prevailing Wage Field Rep.** 125.00
Sr. Contract Administrator 110.00
Contract Administrator 85.00
ENVIRONMENTAL SCIENCE
Supervising Scientist $220.00
Senior Scientist III 185.00
Senior Scientist II 165.00
Senior Scientist I 140.00
Scientist III 130.00
Scientist II 120.00
Scientist I 100.00
Assistant Scientist 85.00
Research Assistant 60.00
PBS&J SOUTHWEST INFRASTRUCTURE
STANDARD RATE SCHEDULE
EFFECTIVE JANUARY 1, 2010
PUBLIC AFFAIRS SERVICES
Project Manager $170.00
Community Relations Specialist 140.00
Assistant Project Manager 125.00
Account Coordinator 80.00
OTHER PROFESSIONAL SERVICES
Principal Professional $196.00
Supervising Professional 170.00
Sr. Professional I11 / Sr. GIS Analyst III 150.00
Senior Professional II / Sr. GIS Analyst II 135.00
Senior Professional I / Sr. GIS Analyst I 122.00
Professional II / GIS Analyst II 101.00
Professional I / GIS Analyst I 88.00
DESIGN & GRAPHIC SERVICES
Senior Designer III $140.00
Senior Designer 11 135.00
Senior Designer I 120.00
Designer II 110.00
Designer I 100.00
CAD Technician III 95.00
CAD Technician 11 85.00
CAD Technician I 70.00
Graphics Designer II 100.00
Graphics Designer I 95.00
ADMINISTRATIVE SERVICES
Senior Administrator $110.00
Senior Administrative Assistant III 100.00
Senior Administrative Assistant II 85.00
Senior Administrative Assistant I 80.00
Administrative Assistant III 75.00
Administrative Assistant II 65.00
Administrative Assistant I / Clerk 60.00
EXPENSES AND OUTSIDE SERVICES
In addition, identifiable non -salary costs that are directly attributable to the project, such as reproduction costs, telephone charges, mileage,
postage, etc., are billed at actual cost plus 15 percent to cover overhead and administration plus 3 percent for insurance costs.
Principal Engineer IV and litigation support rates negotiated on a contract by contract basis.
Computer Aided Drafting, hydrologic water, sewer, and stormwater modeling, GIS, automated mapping, database and web programming,
etc., is charged at $5 per labor hour.
* Non -Prevailing Wage
** Prevailing Wage Rate - Overtime will be charged at 1.25 times, and Sundays and holidays, 1.70 times the above rates.
If applicable, a vehicle allowance of $900.00 per month will be charged for the use of a company vehicle assigned to a full-time inspector.
This monthly allowance will be prorated based upon hours worked for part-time inspection.
Fees for litigation and expert witness services will be charged at $450.00 per hour with a 4-hour minimum per day.
Fees for subconsultant services provided are billed at actual cost plus 15 percent to cover overhead and administration, plus 3 percent for
insurance costs.
PAYMENT TERMS
A late payment finance charge at a rate of 18 percent per annum will be applied to any unpaid balance commencing 30 days after the date
of original invoice.
This rate schedule is subject to annual and/or periodic revisions as necessary to accommodate inflationary trends, salary adjustments and
the general costs of business.
H_ Admin\PuWic WAS AdmhlStandard Rate Sheets12010 Rates\Southwest Infrastructure Ski Rate 0110 - SAN-DGO LtdW.docx
9275 Sky Park Court • Suite 200 • San Diego. California 92123 • Telephone: 858.874.1810 • Fax: 858.514.1001 • www.pbsj.com
LABOR ESTIMATE
Project Name: City of National City As -Needed
Client/Owner: City of National City, CA
Project Manager: Karyn Keese
Prepared By: Karyn Keese
Proj/Prop No.:
Date: January 13, 2010
FEE SUMMARY
ITEM
Labor
Outside Services
Direct Costs
(Direct Costs assumed at 1%)
TOTAL
ENGINEERING SERVICES
Engineering Aide - EA
Engineer I - El
Engineer II - Ell
Engineer III - EIII
Senior Engineer I - SEI
Senior Engineer II - SEII
Senior Engineer III - SEIII
Supervising Engineer I - SPEI
Supervising Engineer II - SPEII
Principal Engineer I - PRI
Principal Engineer II - PRII
Principal Engineer III - PRIII
Principal Engineer IV - PRIV
ADMINISTRATIVE SERVICES
Admin Assistant I/Clerk - Al
Admin Assistant II (N6) - All
Admin Assistant III (N7) - AIII
Sr. Admin Assistant I (N8) - SAI
Sr. Admin Assistant II (N9) - SAII
Sr. Admin Assistant III - SAIII
Senior Administrator - SA
OTHER PROFESSIONAL SERVICES
Professional I/GIS Analyst - PI
Professional II/GIS Analyst II - PII
Sr. Prof. I/Sr. GIS Analyst I - SPI
Sr. Prof II/Sr. GIS Analyst II - SPII
Sr. Prof III/Sr GIS Analyst III - SPIII
Supervising Professional - SP
Principal Professional - PP
JPA/PBSJ PA400-3/01
$70
$105
$115
$120
$130
$140
$150
$155
$170
$180
$196
$209
$219
$60
$65
$75
$80
$85
$100
$110
TOTAL
$43, 336
$0
$433
$43,769
BILLING RATES
ENVIRONMENTAL SCIENCE
Research Assistant - RA
Assistant Scientist - AS
Scientist I - SI
Scientist II - SII
Scientist III - SIII
Senior Scientist I - SSI
Senior Scientist II - SSII
Senior Scientist III - SSIII
Senior Scientist IV - SSIV
CONSTRUCTION RELATED SERVICES
Contract Administrator - CA
Sr. Contract Administrator - CAS
Construction Mgmt Rep. I* - CM!
Construction Mgmt Rep. II* - CMII
Senior Field Representative* - SFR
Prevailing Wage Field Rep. - PWFR
Resident Engineer - SPEC
Construction Manager - CM
Senior Construction Manager - SCM
(* non -prevailing wage)
DESIGN & GRAPHIC SERVICES
CADD Technician I (N7) - CTI
$90 CADD Technician 11 (N8) - CTII
$105 CADD Technician I11 (N9) - CTIII
$125 Graphics Designer I (N10) - GDI
$140 Graphics Designer II (N11) - GDII
$150 Designer I - DI
$175 Designer II - DII
$196 Senior Designer I - SDI
Senior Designer II - SDII
Senior Designer III - SDIII
$60
$75
$100
$110
$120
$135
$175
$185
$220
$85
$110
$90
$100
$115
$114
$150
$135
$145
$70
$85
$95
$95
$100
$100
$110
$120
$135
$140
CA Offices: Encinitas, Kearny Mesa/San Diego, Orange, Los Angeles, Pasadena, Riverside, Sacramento, San Francisco
FILE: 2008 PBS&J fee est - west1
Mayor
Ron Morrison
CALIFORNIA .K+
Director
Joe HiA_Sty, ;th
C OU!) ;irnt inners
Alejandro Sotete-Solis
Flank Parra
,Jess Van Deventer
R;.sake ?aaaee
City manager
Chris Zapata
May 3, 2010
To: Chris Zapata
City Manager
NATIONAL CJTi
Cfl Z�
C XXCORPORATEF
Department of Public Works
From: Joe Smith
Director of Public Works
Subject: Requisition for As -Needed Financial Services for Fiscal Year 2010 and 2011
St!e£ Maintenance
'Nestetattatet S up rintes feat
uet' Serval us
IX ent
£A guei Diaz
Facilities Maintenanno
Supervisor
Rick: Hernandez
Srr ervi-Dr
David Pease
In accordance with City policy, I am forwarding to you for your signature a Contract to provide As -
Needed Financial Services for the City of National City for the Fiscal years ending 2010 and
2011. The contract is for an amount not to exceed $43,769.36 for the two year period to Post,
Buckley, Schuh & Jernigan, Inc D/B/A PBS&J, Inc. Funds have been approved and are available
in the Wastewater Division's contract services account, 125-422-222-213.
PBS&J will provide the following scope of services:
A. Five Year Sewer Rate Case
The City last reviewed their sewer rates in FY 2004. The City adopted a three year increasing
rate case with the goal that once the sewer rates for all customers reached the FY 2006 level that
the rate could remain in place for several years. The City achieved this goal and has not raised
sewer rates since FY 2006 or four years. City of San Diego Metro Wastewater treatment and
transportation rates have increased on an average of 5% per year since that time. In addition, a
contingency plan needs to be developed to fund the capital alternatives at the end of the City of
San Diego's current waiver (5 years). It is unknown at this time whether the City will be able to
submit for another waiver at the end of that time period but it is anticipated that significant capital
expense will be needed to either upgrade the Point Loma Wastewater Treatment Plant to
Secondary and/or build upstream reclamation plants to offload flows to Pt. Loma. We will include
the City's most recent capital projections into your five-year long range plan and develop a rate
case that will smoothly transition from the current expense level to the projected capital costs
without a rate shock to National City's rate payers. Many of the participating agencies have
established a "Metro Secondary Rate Stabilization Reserve" and are slowly raising rates to fund
that to avoid such a rate shock.
B. Finalize Reserve Policy
A draft reserve policy was developed during the FY 2004 to 2006 rate case. This reserve policy
needs to be updated to include a potential Secondary Reserve as well as the current uses of City
Funds. The City is required to fully fund a capital replacement reserve annually to stay in
contractual compliance with the EPA/State Water Board requirements for all the participating
agencies in the San Diego Metro System. In addition, all other reserves will be brought to industry
standards.
2100 Hoover Avenue, National City, California 91950
Tel.: (619) 336.4580 Fax: (619) 336,4594
Ma troy
Ron il4ornson
- CALIFORNIA
Lli noii i
Joe H.A. ith
C'nu-r bare be?s
A ejandra Sotelo-Solis
Hank Parrd
Jess Van Deventer
Rosalie Za, ate
City Manager
Chris Zapata
NATIONAL CITY
1 o ems, V
INCORPORATED
Department of Public Works
C. As -Needed Financial Services
Strong^ eta rc&
Wastewater Soperinforiarit
Jeff Se vatins
Park SiWefill ie, OenI
iVicuel Diaz
Fac;frire,s "v?a,r;tenar;c!
Supervisor
Rick Hernandez
E:(701 ,n78r71 Ma inreoance
S.;pervls r
David Pease
This task provides for as -needed financial services in support of the City's wastewater utilities.
This would be on a task basis and may include: updated budget information and revenue
requirements, sewer rate revisions, mid year review and rate cases; issues arising from the City
of San Diego and Metro system contract; and support in billing and contractual negotiations with
the United States Navy. Other tasks may include council or public workshops or meetings or
written reports.
This contract will allow the City to complete the above tasks in a timely manner and insure that all
negotiations with the City of San Diego and the Navy will integrate and be compatible with current
agreements and programs. This action is allowed by Purchasing Ordinance #1480, and Municipal
Code #2.60.22.
Joe Smi
rector . • ublic Works
2100 Hoover Avenue: National City, California 91950
Tel.: (619) 336.4580 Fax: (619) 336.4594
PM;
An employee -owned company
April 8, 2010
Mr. Joe H. A. Smith
Acting Director of Public Works
City of National City
1243 National City Blvd.
National City, CA 91950-4301
SUBJECT: PBS&J COMPANY OVERVIEW
PBS&J is a multi -service consulting engineering firm organized into technical divisions
that integrate comprehensive environmental, civil, and transportation engineering;
environmental sciences; architecture; construction management; and information
technologies. PBS&J is one of only a few large, employee -owned engineering firms, that is
consistently ranked among the top ten percent of design firms in the nation. Established 45
years ago, PBS&J has nearly 3,900 employees in 75 offices throughout the United States
and abroad. We are currently ranked 21st by Engineering News Record, 3rd in pure design.
Our Southern California staff includes more than 200 full-time employees in our San Diego,
Encinitas, Orange, Riverside, and Los Angeles offices. Our local staff members are skilled
in a wide range of disciplines, including specialties that include water and wastewater
engineering, civil and structural engineering, transportation, planning, surveying, and
financial management services for various public works projects for city, county, state, and
federal agencies. At PBS&J our vision is to be recognized as the consultant of choice
through sincere commitment to client service. We consistently offer services that are backed
by the resources of a large national organization combined with the dedication to personal
service often found from a small local firm.
PBS&J
9275 Sky Park Court, ste. 200
San Diego, CA 92123
Ph: 858-874-1810
Fax: 858-514-1001
9275 Sky Park Court, Suite 200 • San Diego, California 92123 • Telephone: 858-874-1810 • Fax: 878-514-1008 • www.pbsj.com
THIS DOCUMENT HAS A TRUE DEFENSA'" WATERMARK AND VISIBLE FIBERS DISCERNIBLE FROM BOTH SIDES
65275
BUSINESS LICENSE CERTIFICATE
CITY OF NATIONAL CITY
PURSUANT TO CITY ORDINANCE THIS UCENSE IS HEREBY GRANTED FOR THE TERM & PURPOSE STATED
BUS DESCRIPTION
BUSINESS ADDRESS 9275 SKY PARK CT ST
200
BUSINESS NAME
ATTN:
MAILING
ADDRESS
PBS&J
9275 SKY PARK CT STE 200
SAN DIEGO, CA 92123-4905
Date of Expiration: 12/31/2010
CALIFORNIA *
N L CITIr
a°°V
IxcoRro»ATieD
NON TRANSFERABLE POST IN A CONSPICUOUS PLACE
Finance Director
THIS DOCUMENT IS ALTERATION PROTECTED AND REFLECTS FLUORESCENT FIBERS UNDER UV LIGHT
KEEP FOR YOUR RECORDS
BUSINESS TAX RECEIPT
License No. 65275
T $0.00
T $65.00
TOTAL $65.00
APRIL 2010
Thu - 04/01
Totals
Phone Calls
Vacation
0
Counter Contacts
-
0
Request for Information
-
0
Request for Documents
0
Document Scanned (page count)
785
785
Mail Received
133
133
Mail Outgoing
-
0
Mon - 04/05
Tue - 04/06
Wed - 04/07
Thu - 04/08
Totals
Phone Calls
15
11
12
16
54
Counter Contacts
9
5
8
9
31
Request for Information
4
2
4
5
15
Request for Documents
3
-
2
2
7
Document Scanned (page count)
-
-
-
80
80
Mail Received
328
109
127
97
661
Mail Outgoing
1
-
2
1
4
Mon - 04/12
Tue - 04/13
Wed - 04/14
Thu - 04/15
Totals
Phone Calls
10
17
14
14
55
Counter Contacts
10
7
7
6
30
Request for Information
5
4
3
3
15
Request for Documents
2
3
2
1
8
Document Scanned (page count)
180
-
180
150
510
Mail Received
317
108
112
80
617
Mail Outgoing
-
-
3
1
4
Mon - 04/19
Tue - 04/20
Wed - 04/21
Thu - 04/22
Totals
Phone Calls
16
10
11
9
46
Counter Contacts
4
7
4
5
20
Request for Information
1
4
2
3
10
Request for Documents
4
5
3
3
15
Document Scanned (page count)
83
-
-
-
83
Mail Received
341
114
54
89
598
Mail Outgoing
3
-
1
1
5
Mon - 04/26
Tue - 04/27
Wed - 04/28
Thu - 04/29
Totals
Phone Calls
15
14
14
M,1-\\ 4
47
Counter Contacts
8
7
6
\\‘\ 2
23
Request for Information
6
5
2
\\
13
Request for Documents
4
7
5
\\\
16
Document Scanned (page count)
225
120
-
y A5 t \ c
345
Mail Received
302
85
61
\o`I
448
Mail Outgoing
3
3
2
1
8
INCORPdRATED
May 5, 2010
Ms. Karyn Keese
PBS&J
9275 Sky Park Court, Suite 200
San Diego, CA 92123
Dear Ms. Keese,
OFFICE OF THE CITY CLERK
1243 National City Blvd.
National City, California 91950
Michael R. Dalla, CMC - City Clerk
619-336-4228 phone • 619-336-4229 fax
On May 4th 2010, an agreement was entered between the City of National City
and PBS&J.
We are enclosing for your records a fully executed original agreement.
Michael R. Dalla, CMC
City Clerk
Enclosure
cc: Public Works Dept.